[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
[ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
[ House Amendment 002 ] | [ House Amendment 003 ] | [ Senate Amendment 001 ] |
[ Conference Committee Report 001 ] |
92_SB1983enr SB1983 Enrolled LRB9216031NTpk 1 AN ACT concerning education. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 2-3.64, 10-17a, 14C-4, and 18-8.05 and adding 6 Sections 10-21.3a and 34-18.23 as follows: 7 (105 ILCS 5/2-3.64) (from Ch. 122, par. 2-3.64) 8 Sec. 2-3.64. State goals and assessment. 9 (a) Beginning in the 1998-1999 school year, the State 10 Board of Education shall establish standards and 11 periodically, in collaboration with local school districts, 12 conduct studies of student performance in the learning areas 13 of fine arts and physical development/health. Beginning with 14 the 1998-1999 school year, the State Board of Education shall 15 annually test: (i) all pupils enrolled in the 3rd, 5th, and 16 8th grades in English language arts (reading, writing, and 17 English grammar) and mathematics; and (ii) all pupils 18 enrolled in the 4th and 7th grades in the biological and 19 physical sciences and the social sciences (history, 20 geography, civics, economics, and government). The State 21 Board of Education shall establish the academic standards 22 that are to be applicable to pupils who are subject to State 23 tests under this Section beginning with the 1998-1999 school 24 year. However, the State Board of Education shall not 25 establish any such standards in final form without first 26 providing opportunities for public participation and local 27 input in the development of the final academic standards. 28 Those opportunities shall include a well-publicized period of 29 public comment, public hearings throughout the State, and 30 opportunities to file written comments. Beginning with the 31 1998-99 school year and thereafter, the State tests will SB1983 Enrolled -2- LRB9216031NTpk 1 identify pupils in the 3rd grade or 5th grade who do not meet 2 the State standards. If, by performance on the State tests 3 or local assessments or by teacher judgment, a student's 4 performance is determined to be 2 or more grades below 5 current placement, the student shall be provided a 6 remediation program developed by the district in consultation 7 with a parent or guardian. Such remediation programs may 8 include, but shall not be limited to, increased or 9 concentrated instructional time, a remedial summer school 10 program of not less than 90 hours, improved instructional 11 approaches, tutorial sessions, retention in grade, and 12 modifications to instructional materials. Each pupil for 13 whom a remediation program is developed under this subsection 14 shall be required to enroll in and attend whatever program 15 the district determines is appropriate for the pupil. 16 Districts may combine students in remediation programs where 17 appropriate and may cooperate with other districts in the 18 design and delivery of those programs. The parent or 19 guardian of a student required to attend a remediation 20 program under this Section shall be given written notice of 21 that requirement by the school district a reasonable time 22 prior to commencement of the remediation program that the 23 student is to attend. The State shall be responsible for 24 providing school districts with the new and additional 25 funding, under Section 2-3.51.5 or by other or additional 26 means, that is required to enable the districts to operate 27 remediation programs for the pupils who are required to 28 enroll in and attend those programs under this Section. 29 Every individualized educational program as described in 30 Article 14 shall identify if the State test or components 31 thereof are appropriate for that student. For those pupils 32 for whom the State tests or components thereof are not 33 appropriate, the State Board of Education shall develop rules 34 and regulations governing the administration of alternative SB1983 Enrolled -3- LRB9216031NTpk 1 tests prescribed within each student's individualized 2 educational program which are appropriate to the disability 3 of each student. All pupils who are in a State approved 4 transitional bilingual education program or transitional 5 program of instruction shall participate in the State tests. 6 Any student who has been enrolled in a State approved 7 bilingual education program less than 3 academic years shall 8 be exempted if the student's lack of English as determined by 9 an English language proficiency test would keep the student 10 from understanding the test, and that student's district 11 shall have an alternative test program in place for that 12 student. The State Board of Education shall appoint a task 13 force of concerned parents, teachers, school administrators 14 and other professionals to assist in identifying such 15 alternative tests. Reasonable accommodations as prescribed 16 by the State Board of Education shall be provided for 17 individual students in the testing procedure. All test 18 procedures prescribed by the State Board of Education shall 19 require: (i) that each test used for State and local student 20 testing under this Section identify by name the pupil taking 21 the test; (ii) that the name of the pupil taking the test be 22 placed on the test at the time the test is taken; (iii) that 23 the results or scores of each test taken under this Section 24 by a pupil of the school district be reported to that 25 district and identify by name the pupil who received the 26 reported results or scores; and (iv) that the results or 27 scores of each test taken under this Section be made 28 available to the parents of the pupil. In addition, 29 beginning with the 2000-2001 school year and in each school 30 year thereafter, the highest scores and performance levels 31 attained by a student on the Prairie State Achievement 32 Examination administered under subsection (c) of this Section 33 shall become part of the student's permanent record and shall 34 be entered on the student's transcript pursuant to SB1983 Enrolled -4- LRB9216031NTpk 1 regulations that the State Board of Education shall 2 promulgate for that purpose in accordance with Section 3 and 3 subsection (e) of Section 2 of the Illinois School Student 4 Records Act. Beginning with the 1998-1999 school year and in 5 every school year thereafter, scores received by students on 6 the State assessment tests administered in grades 3 through 8 7 shall be placed into students' temporary records. The State 8 Board of Education shall establish a common month in each 9 school year for which State testing shall occur to meet the 10 objectives of this Section. However, if the schools of a 11 district are closed and classes are not scheduled during any 12 week that is established by the State Board of Education as 13 the week of the month when State testing under this Section 14 shall occur, the school district may administer the required 15 State testing at any time up to 2 weeks following the week 16 established by the State Board of Education for the testing, 17 so long as the school district gives the State Board of 18 Education written notice of its intention to deviate from the 19 established schedule by December 1 of the school year in 20 which falls the week established by the State Board of 21 Education for the testing. The maximum time allowed for all 22 actual testing required under this subsection during the 23 school year shall not exceed 25 hours as allocated among the 24 required tests by the State Board of Education. 25 (a-5) All tests administered pursuant to this Section 26 shall be academically based. For the purposes of this 27 Section "academically based tests" shall mean tests 28 consisting of questions and answers that are measurable and 29 quantifiable to measure the knowledge, skill, and ability of 30 students in the subject matters covered by tests. The 31 scoring of academically based tests shall be reliable, valid, 32 unbiased and shall meet the guidelines for test development 33 and use prescribed by the American Psychological Association, 34 the National Council of Measurement and Evaluation, and the SB1983 Enrolled -5- LRB9216031NTpk 1 American Educational Research Association. Academically based 2 tests shall not include assessments or evaluations of 3 attitudes, values, or beliefs, or testing of personality, 4 self-esteem, or self-concept. Nothing in this amendatory Act 5 is intended, nor shall it be construed, to nullify, 6 supersede, or contradict the legislative intent on academic 7 testing expressed during the passage of HB 1005/P.A. 90-296. 8 Beginning in the 1998-1999 school year, the State Board 9 of Education may, on a pilot basis, include in the State 10 assessments in reading and math at each grade level tested no 11 more than 2 short answer questions, where students have to 12 respond in brief to questions or prompts or show 13 computations, rather than select from alternatives that are 14 presented. In the first year that such questions are used, 15 scores on the short answer questions shall not be reported on 16 an individual student basis but shall be aggregated for each 17 school building in which the tests are given. State-level, 18 school, and district scores shall be reported both with and 19 without the results of the short answer questions so that the 20 effect of short answer questions is clearly discernible. 21 Beginning in the second year of this pilot program, scores on 22 the short answer questions shall be reported both on an 23 individual student basis and on a school building basis in 24 order to monitor the effects of teacher training and 25 curriculum improvements on score results. 26 The State Board of Education shall not continue the use 27 of short answer questions in the math and reading 28 assessments, or extend the use of such questions to other 29 State assessments, unless this pilot project demonstrates 30 that the use of short answer questions results in a 31 statistically significant improvement in student achievement 32 as measured on the State assessments for math and reading and 33 is justifiable in terms of cost and student performance. 34 (b) It shall be the policy of the State to encourage SB1983 Enrolled -6- LRB9216031NTpk 1 school districts to continuously test pupil proficiency in 2 the fundamental learning areas in order to: (i) provide 3 timely information on individual students' performance 4 relative to State standards that is adequate to guide 5 instructional strategies; (ii) improve future instruction; 6 and (iii) complement the information provided by the State 7 testing system described in this Section. Each district's 8 school improvement plan must address specific activities the 9 district intends to implement to assist pupils who by teacher 10 judgment and test results as prescribed in subsection (a) of 11 this Section demonstrate that they are not meeting State 12 standards or local objectives. Such activities may include, 13 but shall not be limited to, summer school, extended school 14 day, special homework, tutorial sessions, modified 15 instructional materials, other modifications in the 16 instructional program, reduced class size or retention in 17 grade. To assist school districts in testing pupil 18 proficiency in reading in the primary grades, the State Board 19 shall make optional reading inventories for diagnostic 20 purposes available to each school district that requests such 21 assistance. Districts that administer the reading 22 inventories may develop remediation programs for students who 23 perform in the bottom half of the student population. Those 24 remediation programs may be funded by moneys provided under 25 the School Safety and Educational Improvement Block Grant 26 Program established under Section 2-3.51.5. Nothing in this 27 Section shall prevent school districts from implementing 28 testing and remediation policies for grades not required 29 under this Section. 30 (c) Beginning with the 2000-2001 school year, each 31 school district that operates a high school program for 32 students in grades 9 through 12 shall annually administer the 33 Prairie State Achievement Examination established under this 34 subsection to its students as set forth below. The Prairie SB1983 Enrolled -7- LRB9216031NTpk 1 State Achievement Examination shall be developed by the State 2 Board of Education to measure student performance in the 3 academic areas of reading, writing, mathematics, science, and 4 social sciences. The State Board of Education shall 5 establish the academic standards that are to apply in 6 measuring student performance on the Prairie State 7 Achievement Examination including the minimum examination 8 score in each area that will qualify a student to receive a 9 Prairie State Achievement Award from the State in recognition 10 of the student's excellent performance. Each school district 11 that is subject to the requirements of this subsection (c) 12 shall afford all students 2 opportunities to take the Prairie 13 State Achievement Examination beginning as late as practical 14 during the second semester of grade 11, but in no event 15 before March 1. The State Board of Education shall annually 16 notify districts of the weeks during which these test 17 administrations shall be required to occur. Every 18 individualized educational program as described in Article 14 19 shall identify if the Prairie State Achievement Examination 20 or components thereof are appropriate for that student. Each 21 student, exclusive of a student whose individualized 22 educational program developed under Article 14 identifies the 23 Prairie State Achievement Examination as inappropriate for 24 the student, shall be required to take the examination in 25 grade 11. For each academic area the State Board of 26 Education shall establish the score that qualifies for the 27 Prairie State Achievement Award on that portion of the 28 examination. Any student who fails to earn a qualifying 29 score for a Prairie State Achievement Award in any one or 30 more of the academic areas on the initial test administration 31 or who wishes to improve his or her score on any portion of 32 the examination shall be permitted to retake such portion or 33 portions of the examination during grade 12. Districts shall 34 inform their students of the timelines and procedures SB1983 Enrolled -8- LRB9216031NTpk 1 applicable to their participation in every yearly 2 administration of the Prairie State Achievement Examination. 3 Students receiving special education services whose 4 individualized educational programs identify the Prairie 5 State Achievement Examination as inappropriate for them 6 nevertheless shall have the option of taking the examination, 7 which shall be administered to those students in accordance 8 with standards adopted by the State Board of Education to 9 accommodate the respective disabilities of those students. A 10 student who successfully completes all other applicable high 11 school graduation requirements but fails to receive a score 12 on the Prairie State Achievement Examination that qualifies 13 the student for receipt of a Prairie State Achievement Award 14 shall nevertheless qualify for the receipt of a regular high 15 school diploma. 16 (d) Beginning with the 2002-2003 school year, all 17 schools in this State that are part of the sample drawn by 18 the National Center for Education Statistics, in 19 collaboration with their school districts and the State Board 20 of Education, shall administer the biennial State academic 21 assessments of 4th and 8th grade reading and mathematics 22 under the National Assessment of Educational Progress carried 23 out under Section 411(b)(2) of the National Education 24 Statistics Act of 1994 (20 U.S.C. 9010) if the Secretary of 25 Education pays the costs of administering the assessments. 26 (Source: P.A. 90-566, eff. 1-2-98; 90-789, eff. 8-14-98; 27 91-283, eff. 7-29-99.) 28 (105 ILCS 5/10-17a) (from Ch. 122, par. 10-17a) 29 Sec. 10-17a. Better schools accountability. 30 (1) Policy and Purpose. It shall be the policy of the 31 State of Illinois that each school district in this State, 32 including special charter districts and districts subject to 33 the provisions of Article 34, shall submit to parents, SB1983 Enrolled -9- LRB9216031NTpk 1 taxpayers of such district, the Governor, the General 2 Assembly, and the State Board of Education a school report 3 card assessing the performance of its schools and students. 4 The report card shall be an index of school performance 5 measured against statewide and local standards and will 6 provide information to make prior year comparisons and to set 7 future year targets through the school improvement plan. 8 (2) Reporting Requirements. Each school district shall 9 prepare a report card in accordance with the guidelines set 10 forth in this Section which describes the performance of its 11 students by school attendance centers and by district and the 12 district's use of financial resources. Such report card 13 shall be presented at a regular school board meeting subject 14 to applicable notice requirements, posted on the school 15 district's Internet web site, if the district maintains an 16 Internet web site,and such report cards shall bemade 17 available to a newspaper of general circulation serving the 18 district, and, upon request,shall besent home to a parent 19 (unless the district does not maintain an Internet web site, 20 in which case the report card shall be sent home to parents 21 without request)parents. If the district posts the report 22 card on its Internet web site, the district shall send a 23 written notice home to parents stating (i) that the report 24 card is available on the web site, (ii) the address of the 25 web site, (iii) that a printed copy of the report card will 26 be sent to parents upon request, and (iv) the telephone 27 number that parents may call to request a printed copy of the 28 report card. In addition, each school district shall submit 29 the completed report card to the office of the district's 30 Regional Superintendent which shall make copies available to 31 any individuals requesting them. 32 The report card shall be completed and disseminated prior 33 to October 31 in each school year. The report card shall 34 contain, but not be limited to, actual local school SB1983 Enrolled -10- LRB9216031NTpk 1 attendance center, school district and statewide data 2 indicating the present performance of the school, the State 3 norms and the areas for planned improvement for the school 4 and school district. 5 (3) (a) The report card shall include the following 6 applicable indicators of attendance center, district, and 7 statewide student performance: percent of students who 8 exceed, meet, or do not meet standards established by the 9 State Board of Education pursuant to Section 2-3.25a; 10 composite and subtest means on nationally normed achievement 11 tests for college bound students; student attendance rates; 12 chronic truancy rate; dropout rate; graduation rate; and 13 student mobility, turnover shown as a percent of transfers 14 out and a percent of transfers in. 15 (b) The report card shall include the following 16 descriptions for the school, district, and State: average 17 class size; amount of time per day devoted to mathematics, 18 science, English and social science at primary, middle and 19 junior high school grade levels; number of students taking 20 the Prairie State Achievement Examination under subsection 21 (c) of Section 2-3.64, the number of those students who 22 received a score of excellent, and the average score by 23 school of students taking the examination; pupil-teacher 24 ratio; pupil-administrator ratio; operating expenditure per 25 pupil; district expenditure by fund; average administrator 26 salary; and average teacher salary. 27 (c) The report card shall include applicable indicators 28 of parental involvement in each attendance center. The 29 parental involvement component of the report card shall 30 include the percentage of students whose parents or guardians 31 have had one or more personal contacts with the students' 32 teachers during the school year concerning the students' 33 education, and such other information, commentary, and 34 suggestions as the school district desires. For the purposes SB1983 Enrolled -11- LRB9216031NTpk 1 of this paragraph, "personal contact" includes, but is not 2 limited to, parent-teacher conferences, parental visits to 3 school, school visits to home, telephone conversations, and 4 written correspondence. The parental involvement component 5 shall not single out or identify individual students, 6 parents, or guardians by name. 7 (d) The report card form shall be prepared by the State 8 Board of Education and provided to school districts by the 9 most efficient, economic, and appropriate means. 10 (Source: P.A. 89-610, eff. 8-6-96.) 11 (105 ILCS 5/10-21.3a new) 12 Sec. 10-21.3a. Transfer of students. Each school board 13 shall establish and implement a policy governing the transfer 14 of a student from one attendance center to another within the 15 school district upon the request of the student's parent or 16 guardian. Any request by a parent or guardian to transfer his 17 or her child from one attendance center to another within the 18 school district pursuant to Section 1116 of the federal 19 Elementary and Secondary Education Act of 1965 (20 U.S.C. 20 Sec. 6317) must be made no later than 30 days after the 21 parent or guardian receives notice of the right to transfer 22 pursuant to that law. A student may not transfer to any of 23 the following attendance centers, except by change in 24 residence if the policy authorizes enrollment based on 25 residence in an attendance area or unless approved by the 26 board on an individual basis: 27 (1) An attendance center that exceeds or as a 28 result of the transfer would exceed its attendance 29 capacity. 30 (2) An attendance center for which the board has 31 established academic criteria for enrollment if the 32 student does not meet the criteria, provided that the 33 transfer must be permitted if the attendance center is SB1983 Enrolled -12- LRB9216031NTpk 1 the only attendance center serving the student's grade 2 that has not been identified for school improvement, 3 corrective action, or restructuring under Section 1116 of 4 the federal Elementary and Secondary Education Act of 5 1965 (20 U.S.C. Sec. 6317). 6 (3) Any attendance center if the transfer would 7 prevent the school district from meeting its obligations 8 under a State or federal law, court order, or consent 9 decree applicable to the school district. 10 (105 ILCS 5/14C-4) (from Ch. 122, par. 14C-4) 11 Sec. 14C-4. Notice of enrollment; content; rights of 12 parents. 13 No later than 3010days after the beginning of the 14 school year or 14 days after the enrollment of any child in a 15 program in transitional bilingual education during the middle 16 of a school year, the school district in which the child 17 resides shall notify by mail the parents or legal guardian of 18 the child of the fact that their child has been enrolled in a 19 program in transitional bilingual education. The notice shall 20 contain all of the following information inasimple, 21 nontechnical language: 22 (1) The reasons why the child has been placed in 23 and needs the services of the program. 24 (2) The child's level of English proficiency, how 25 this level was assessed, and the child's current level of 26 academic achievement. 27 (3)description ofThepurposes,method of 28 instruction used in the program and in other available 29 offerings of the district, including how the program 30 differs from those other offerings in content, 31 instructional goals, and the use of English and native 32 language instruction. 33 (4) How the program will meet the educational SB1983 Enrolled -13- LRB9216031NTpk 1 strengths and needs of the child. 2 (5) How the program will specifically help the 3 child to learn English and to meet academic achievement 4 standards for grade promotion and graduation. 5 (6) The specific exit requirements for the program, 6 the expected rate of transition from the program into the 7 regular curriculum, and the expected graduation rate for 8 children in the program if the program is offered at the 9 secondary level. 10 (7) How the program meets the objectives of the 11 child's individual educational program (IEP), if 12 applicable. 13 (8) The right of the parents to decline to enroll 14 the child in the program or to choose another program or 15 method of instruction, if available. 16 (9) The right of the parents to have the child 17 immediately removed from the program upon request. 18 (10)and content of the program in which the child19is enrolled and shall inform the parents that they have20 The right of the parents to visit transitional bilingual 21 education classes in which their child is enrolled and to 22 come to the school for a conference to explain the nature 23 of transitional bilingual education.Said notice shall24further inform the parents that they have the absolute25right, if they so wish, to withdraw their child from a26program in transitional bilingual education in the manner27as hereinafter provided.28 The notice shall be in writing in English and in the 29 language of which the child of the parents so notified 30 possesses a primary speaking ability. 31 Any parent whose child has been enrolled in a program in 32 transitional bilingual education shall have the absolute 33 right, either at the time of the original notification of34enrollment or at the close of any semester thereafter,to SB1983 Enrolled -14- LRB9216031NTpk 1 immediately withdraw his child from said program by providing 2 written notice of such desire to the school authorities of 3 the school in which his child is enrolled or to the school 4 district in which his child resides; provided that no5withdrawal shall be permitted unless such parent is informed6in a conference with school district officials of the nature7of the program. 8 (Source: P.A. 78-727.) 9 (105 ILCS 5/18-8.05) 10 Sec. 18-8.05. Basis for apportionment of general State 11 financial aid and supplemental general State aid to the 12 common schools for the 1998-1999 and subsequent school years. 13 (A) General Provisions. 14 (1) The provisions of this Section apply to the 15 1998-1999 and subsequent school years. The system of general 16 State financial aid provided for in this Section is designed 17 to assure that, through a combination of State financial aid 18 and required local resources, the financial support provided 19 each pupil in Average Daily Attendance equals or exceeds a 20 prescribed per pupil Foundation Level. This formula approach 21 imputes a level of per pupil Available Local Resources and 22 provides for the basis to calculate a per pupil level of 23 general State financial aid that, when added to Available 24 Local Resources, equals or exceeds the Foundation Level. The 25 amount of per pupil general State financial aid for school 26 districts, in general, varies in inverse relation to 27 Available Local Resources. Per pupil amounts are based upon 28 each school district's Average Daily Attendance as that term 29 is defined in this Section. 30 (2) In addition to general State financial aid, school 31 districts with specified levels or concentrations of pupils 32 from low income households are eligible to receive 33 supplemental general State financial aid grants as provided SB1983 Enrolled -15- LRB9216031NTpk 1 pursuant to subsection (H). The supplemental State aid grants 2 provided for school districts under subsection (H) shall be 3 appropriated for distribution to school districts as part of 4 the same line item in which the general State financial aid 5 of school districts is appropriated under this Section. 6 (3) To receive financial assistance under this Section, 7 school districts are required to file claims with the State 8 Board of Education, subject to the following requirements: 9 (a) Any school district which fails for any given 10 school year to maintain school as required by law, or to 11 maintain a recognized school is not eligible to file for 12 such school year any claim upon the Common School Fund. 13 In case of nonrecognition of one or more attendance 14 centers in a school district otherwise operating 15 recognized schools, the claim of the district shall be 16 reduced in the proportion which the Average Daily 17 Attendance in the attendance center or centers bear to 18 the Average Daily Attendance in the school district. A 19 "recognized school" means any public school which meets 20 the standards as established for recognition by the State 21 Board of Education. A school district or attendance 22 center not having recognition status at the end of a 23 school term is entitled to receive State aid payments due 24 upon a legal claim which was filed while it was 25 recognized. 26 (b) School district claims filed under this Section 27 are subject to Sections 18-9, 18-10, and 18-12, except as 28 otherwise provided in this Section. 29 (c) If a school district operates a full year 30 school under Section 10-19.1, the general State aid to 31 the school district shall be determined by the State 32 Board of Education in accordance with this Section as 33 near as may be applicable. 34 (d) (Blank). SB1983 Enrolled -16- LRB9216031NTpk 1 (4) Except as provided in subsections (H) and (L), the 2 board of any district receiving any of the grants provided 3 for in this Section may apply those funds to any fund so 4 received for which that board is authorized to make 5 expenditures by law. 6 School districts are not required to exert a minimum 7 Operating Tax Rate in order to qualify for assistance under 8 this Section. 9 (5) As used in this Section the following terms, when 10 capitalized, shall have the meaning ascribed herein: 11 (a) "Average Daily Attendance": A count of pupil 12 attendance in school, averaged as provided for in 13 subsection (C) and utilized in deriving per pupil 14 financial support levels. 15 (b) "Available Local Resources": A computation of 16 local financial support, calculated on the basis of 17 Average Daily Attendance and derived as provided pursuant 18 to subsection (D). 19 (c) "Corporate Personal Property Replacement 20 Taxes": Funds paid to local school districts pursuant to 21 "An Act in relation to the abolition of ad valorem 22 personal property tax and the replacement of revenues 23 lost thereby, and amending and repealing certain Acts and 24 parts of Acts in connection therewith", certified August 25 14, 1979, as amended (Public Act 81-1st S.S.-1). 26 (d) "Foundation Level": A prescribed level of per 27 pupil financial support as provided for in subsection 28 (B). 29 (e) "Operating Tax Rate": All school district 30 property taxes extended for all purposes, except Bond and 31 Interest, Summer School, Rent, Capital Improvement, and 32 Vocational Education Building purposes. 33 (B) Foundation Level. 34 (1) The Foundation Level is a figure established by the SB1983 Enrolled -17- LRB9216031NTpk 1 State representing the minimum level of per pupil financial 2 support that should be available to provide for the basic 3 education of each pupil in Average Daily Attendance. As set 4 forth in this Section, each school district is assumed to 5 exert a sufficient local taxing effort such that, in 6 combination with the aggregate of general State financial aid 7 provided the district, an aggregate of State and local 8 resources are available to meet the basic education needs of 9 pupils in the district. 10 (2) For the 1998-1999 school year, the Foundation Level 11 of support is $4,225. For the 1999-2000 school year, the 12 Foundation Level of support is $4,325. For the 2000-2001 13 school year, the Foundation Level of support is $4,425. 14 (3) For the 2001-2002 school year and each school year 15 thereafter, the Foundation Level of support is $4,560 or such 16 greater amount as may be established by law by the General 17 Assembly. 18 (C) Average Daily Attendance. 19 (1) For purposes of calculating general State aid 20 pursuant to subsection (E), an Average Daily Attendance 21 figure shall be utilized. The Average Daily Attendance 22 figure for formula calculation purposes shall be the monthly 23 average of the actual number of pupils in attendance of each 24 school district, as further averaged for the best 3 months of 25 pupil attendance for each school district. In compiling the 26 figures for the number of pupils in attendance, school 27 districts and the State Board of Education shall, for 28 purposes of general State aid funding, conform attendance 29 figures to the requirements of subsection (F). 30 (2) The Average Daily Attendance figures utilized in 31 subsection (E) shall be the requisite attendance data for the 32 school year immediately preceding the school year for which 33 general State aid is being calculated or the average of the 34 attendance data for the 3 preceding school years, whichever SB1983 Enrolled -18- LRB9216031NTpk 1 is greater. The Average Daily Attendance figures utilized in 2 subsection (H) shall be the requisite attendance data for the 3 school year immediately preceding the school year for which 4 general State aid is being calculated. 5 (D) Available Local Resources. 6 (1) For purposes of calculating general State aid 7 pursuant to subsection (E), a representation of Available 8 Local Resources per pupil, as that term is defined and 9 determined in this subsection, shall be utilized. Available 10 Local Resources per pupil shall include a calculated dollar 11 amount representing local school district revenues from local 12 property taxes and from Corporate Personal Property 13 Replacement Taxes, expressed on the basis of pupils in 14 Average Daily Attendance. 15 (2) In determining a school district's revenue from 16 local property taxes, the State Board of Education shall 17 utilize the equalized assessed valuation of all taxable 18 property of each school district as of September 30 of the 19 previous year. The equalized assessed valuation utilized 20 shall be obtained and determined as provided in subsection 21 (G). 22 (3) For school districts maintaining grades kindergarten 23 through 12, local property tax revenues per pupil shall be 24 calculated as the product of the applicable equalized 25 assessed valuation for the district multiplied by 3.00%, and 26 divided by the district's Average Daily Attendance figure. 27 For school districts maintaining grades kindergarten through 28 8, local property tax revenues per pupil shall be calculated 29 as the product of the applicable equalized assessed valuation 30 for the district multiplied by 2.30%, and divided by the 31 district's Average Daily Attendance figure. For school 32 districts maintaining grades 9 through 12, local property tax 33 revenues per pupil shall be the applicable equalized assessed 34 valuation of the district multiplied by 1.05%, and divided by SB1983 Enrolled -19- LRB9216031NTpk 1 the district's Average Daily Attendance figure. 2 (4) The Corporate Personal Property Replacement Taxes 3 paid to each school district during the calendar year 2 years 4 before the calendar year in which a school year begins, 5 divided by the Average Daily Attendance figure for that 6 district, shall be added to the local property tax revenues 7 per pupil as derived by the application of the immediately 8 preceding paragraph (3). The sum of these per pupil figures 9 for each school district shall constitute Available Local 10 Resources as that term is utilized in subsection (E) in the 11 calculation of general State aid. 12 (E) Computation of General State Aid. 13 (1) For each school year, the amount of general State 14 aid allotted to a school district shall be computed by the 15 State Board of Education as provided in this subsection. 16 (2) For any school district for which Available Local 17 Resources per pupil is less than the product of 0.93 times 18 the Foundation Level, general State aid for that district 19 shall be calculated as an amount equal to the Foundation 20 Level minus Available Local Resources, multiplied by the 21 Average Daily Attendance of the school district. 22 (3) For any school district for which Available Local 23 Resources per pupil is equal to or greater than the product 24 of 0.93 times the Foundation Level and less than the product 25 of 1.75 times the Foundation Level, the general State aid per 26 pupil shall be a decimal proportion of the Foundation Level 27 derived using a linear algorithm. Under this linear 28 algorithm, the calculated general State aid per pupil shall 29 decline in direct linear fashion from 0.07 times the 30 Foundation Level for a school district with Available Local 31 Resources equal to the product of 0.93 times the Foundation 32 Level, to 0.05 times the Foundation Level for a school 33 district with Available Local Resources equal to the product 34 of 1.75 times the Foundation Level. The allocation of SB1983 Enrolled -20- LRB9216031NTpk 1 general State aid for school districts subject to this 2 paragraph 3 shall be the calculated general State aid per 3 pupil figure multiplied by the Average Daily Attendance of 4 the school district. 5 (4) For any school district for which Available Local 6 Resources per pupil equals or exceeds the product of 1.75 7 times the Foundation Level, the general State aid for the 8 school district shall be calculated as the product of $218 9 multiplied by the Average Daily Attendance of the school 10 district. 11 (5) The amount of general State aid allocated to a 12 school district for the 1999-2000 school year meeting the 13 requirements set forth in paragraph (4) of subsection (G) 14 shall be increased by an amount equal to the general State 15 aid that would have been received by the district for the 16 1998-1999 school year by utilizing the Extension Limitation 17 Equalized Assessed Valuation as calculated in paragraph (4) 18 of subsection (G) less the general State aid allotted for the 19 1998-1999 school year. This amount shall be deemed a one 20 time increase, and shall not affect any future general State 21 aid allocations. 22 (F) Compilation of Average Daily Attendance. 23 (1) Each school district shall, by July 1 of each year, 24 submit to the State Board of Education, on forms prescribed 25 by the State Board of Education, attendance figures for the 26 school year that began in the preceding calendar year. The 27 attendance information so transmitted shall identify the 28 average daily attendance figures for each month of the school 29 year, except that any days of attendance in August shall be 30 added to the month of September and any days of attendance in 31 June shall be added to the month of May. 32 Except as otherwise provided in this Section, days of 33 attendance by pupils shall be counted only for sessions of 34 not less than 5 clock hours of school work per day under SB1983 Enrolled -21- LRB9216031NTpk 1 direct supervision of: (i) teachers, or (ii) non-teaching 2 personnel or volunteer personnel when engaging in 3 non-teaching duties and supervising in those instances 4 specified in subsection (a) of Section 10-22.34 and paragraph 5 10 of Section 34-18, with pupils of legal school age and in 6 kindergarten and grades 1 through 12. 7 Days of attendance by tuition pupils shall be accredited 8 only to the districts that pay the tuition to a recognized 9 school. 10 (2) Days of attendance by pupils of less than 5 clock 11 hours of school shall be subject to the following provisions 12 in the compilation of Average Daily Attendance. 13 (a) Pupils regularly enrolled in a public school 14 for only a part of the school day may be counted on the 15 basis of 1/6 day for every class hour of instruction of 16 40 minutes or more attended pursuant to such enrollment, 17 unless a pupil is enrolled in a block-schedule format of 18 80 minutes or more of instruction, in which case the 19 pupil may be counted on the basis of the proportion of 20 minutes of school work completed each day to the minimum 21 number of minutes that school work is required to be held 22 that day. 23 (b) Days of attendance may be less than 5 clock 24 hours on the opening and closing of the school term, and 25 upon the first day of pupil attendance, if preceded by a 26 day or days utilized as an institute or teachers' 27 workshop. 28 (c) A session of 4 or more clock hours may be 29 counted as a day of attendance upon certification by the 30 regional superintendent, and approved by the State 31 Superintendent of Education to the extent that the 32 district has been forced to use daily multiple sessions. 33 (d) A session of 3 or more clock hours may be 34 counted as a day of attendance (1) when the remainder of SB1983 Enrolled -22- LRB9216031NTpk 1 the school day or at least 2 hours in the evening of that 2 day is utilized for an in-service training program for 3 teachers, up to a maximum of 5 days per school year of 4 which a maximum of 4 days of such 5 days may be used for 5 parent-teacher conferences, provided a district conducts 6 an in-service training program for teachers which has 7 been approved by the State Superintendent of Education; 8 or, in lieu of 4 such days, 2 full days may be used, in 9 which event each such day may be counted as a day of 10 attendance; and (2) when days in addition to those 11 provided in item (1) are scheduled by a school pursuant 12 to its school improvement plan adopted under Article 34 13 or its revised or amended school improvement plan adopted 14 under Article 2, provided that (i) such sessions of 3 or 15 more clock hours are scheduled to occur at regular 16 intervals, (ii) the remainder of the school days in which 17 such sessions occur are utilized for in-service training 18 programs or other staff development activities for 19 teachers, and (iii) a sufficient number of minutes of 20 school work under the direct supervision of teachers are 21 added to the school days between such regularly scheduled 22 sessions to accumulate not less than the number of 23 minutes by which such sessions of 3 or more clock hours 24 fall short of 5 clock hours. Any full days used for the 25 purposes of this paragraph shall not be considered for 26 computing average daily attendance. Days scheduled for 27 in-service training programs, staff development 28 activities, or parent-teacher conferences may be 29 scheduled separately for different grade levels and 30 different attendance centers of the district. 31 (e) A session of not less than one clock hour of 32 teaching hospitalized or homebound pupils on-site or by 33 telephone to the classroom may be counted as 1/2 day of 34 attendance, however these pupils must receive 4 or more SB1983 Enrolled -23- LRB9216031NTpk 1 clock hours of instruction to be counted for a full day 2 of attendance. 3 (f) A session of at least 4 clock hours may be 4 counted as a day of attendance for first grade pupils, 5 and pupils in full day kindergartens, and a session of 2 6 or more hours may be counted as 1/2 day of attendance by 7 pupils in kindergartens which provide only 1/2 day of 8 attendance. 9 (g) For children with disabilities who are below 10 the age of 6 years and who cannot attend 2 or more clock 11 hours because of their disability or immaturity, a 12 session of not less than one clock hour may be counted as 13 1/2 day of attendance; however for such children whose 14 educational needs so require a session of 4 or more clock 15 hours may be counted as a full day of attendance. 16 (h) A recognized kindergarten which provides for 17 only 1/2 day of attendance by each pupil shall not have 18 more than 1/2 day of attendance counted in any one day. 19 However, kindergartens may count 2 1/2 days of attendance 20 in any 5 consecutive school days. When a pupil attends 21 such a kindergarten for 2 half days on any one school 22 day, the pupil shall have the following day as a day 23 absent from school, unless the school district obtains 24 permission in writing from the State Superintendent of 25 Education. Attendance at kindergartens which provide for 26 a full day of attendance by each pupil shall be counted 27 the same as attendance by first grade pupils. Only the 28 first year of attendance in one kindergarten shall be 29 counted, except in case of children who entered the 30 kindergarten in their fifth year whose educational 31 development requires a second year of kindergarten as 32 determined under the rules and regulations of the State 33 Board of Education. 34 (G) Equalized Assessed Valuation Data. SB1983 Enrolled -24- LRB9216031NTpk 1 (1) For purposes of the calculation of Available Local 2 Resources required pursuant to subsection (D), the State 3 Board of Education shall secure from the Department of 4 Revenue the value as equalized or assessed by the Department 5 of Revenue of all taxable property of every school district, 6 together with (i) the applicable tax rate used in extending 7 taxes for the funds of the district as of September 30 of the 8 previous year and (ii) the limiting rate for all school 9 districts subject to property tax extension limitations as 10 imposed under the Property Tax Extension Limitation Law. 11 This equalized assessed valuation, as adjusted further by 12 the requirements of this subsection, shall be utilized in the 13 calculation of Available Local Resources. 14 (2) The equalized assessed valuation in paragraph (1) 15 shall be adjusted, as applicable, in the following manner: 16 (a) For the purposes of calculating State aid under 17 this Section, with respect to any part of a school 18 district within a redevelopment project area in respect 19 to which a municipality has adopted tax increment 20 allocation financing pursuant to the Tax Increment 21 Allocation Redevelopment Act, Sections 11-74.4-1 through 22 11-74.4-11 of the Illinois Municipal Code or the 23 Industrial Jobs Recovery Law, Sections 11-74.6-1 through 24 11-74.6-50 of the Illinois Municipal Code, no part of the 25 current equalized assessed valuation of real property 26 located in any such project area which is attributable to 27 an increase above the total initial equalized assessed 28 valuation of such property shall be used as part of the 29 equalized assessed valuation of the district, until such 30 time as all redevelopment project costs have been paid, 31 as provided in Section 11-74.4-8 of the Tax Increment 32 Allocation Redevelopment Act or in Section 11-74.6-35 of 33 the Industrial Jobs Recovery Law. For the purpose of the 34 equalized assessed valuation of the district, the total SB1983 Enrolled -25- LRB9216031NTpk 1 initial equalized assessed valuation or the current 2 equalized assessed valuation, whichever is lower, shall 3 be used until such time as all redevelopment project 4 costs have been paid. 5 (b) The real property equalized assessed valuation 6 for a school district shall be adjusted by subtracting 7 from the real property value as equalized or assessed by 8 the Department of Revenue for the district an amount 9 computed by dividing the amount of any abatement of taxes 10 under Section 18-170 of the Property Tax Code by 3.00% 11 for a district maintaining grades kindergarten through 12 12, by 2.30% for a district maintaining grades 13 kindergarten through 8, or by 1.05% for a district 14 maintaining grades 9 through 12 and adjusted by an amount 15 computed by dividing the amount of any abatement of taxes 16 under subsection (a) of Section 18-165 of the Property 17 Tax Code by the same percentage rates for district type 18 as specified in this subparagraph (b). 19 (3) For the 1999-2000 school year and each school year 20 thereafter, if a school district meets all of the criteria of 21 this subsection (G)(3), the school district's Available Local 22 Resources shall be calculated under subsection (D) using the 23 district's Extension Limitation Equalized Assessed Valuation 24 as calculated under this subsection (G)(3). 25 For purposes of this subsection (G)(3) the following 26 terms shall have the following meanings: 27 "Budget Year": The school year for which general 28 State aid is calculated and awarded under subsection (E). 29 "Base Tax Year": The property tax levy year used to 30 calculate the Budget Year allocation of general State 31 aid. 32 "Preceding Tax Year": The property tax levy year 33 immediately preceding the Base Tax Year. 34 "Base Tax Year's Tax Extension": The product of the SB1983 Enrolled -26- LRB9216031NTpk 1 equalized assessed valuation utilized by the County Clerk 2 in the Base Tax Year multiplied by the limiting rate as 3 calculated by the County Clerk and defined in the 4 Property Tax Extension Limitation Law. 5 "Preceding Tax Year's Tax Extension": The product of 6 the equalized assessed valuation utilized by the County 7 Clerk in the Preceding Tax Year multiplied by the 8 Operating Tax Rate as defined in subsection (A). 9 "Extension Limitation Ratio": A numerical ratio, 10 certified by the County Clerk, in which the numerator is 11 the Base Tax Year's Tax Extension and the denominator is 12 the Preceding Tax Year's Tax Extension. 13 "Operating Tax Rate": The operating tax rate as 14 defined in subsection (A). 15 If a school district is subject to property tax extension 16 limitations as imposed under the Property Tax Extension 17 Limitation Law, the State Board of Education shall calculate 18 the Extension Limitation Equalized Assessed Valuation of that 19 district. For the 1999-2000 school year, the Extension 20 Limitation Equalized Assessed Valuation of a school district 21 as calculated by the State Board of Education shall be equal 22 to the product of the district's 1996 Equalized Assessed 23 Valuation and the district's Extension Limitation Ratio. For 24 the 2000-2001 school year and each school year thereafter, 25 the Extension Limitation Equalized Assessed Valuation of a 26 school district as calculated by the State Board of Education 27 shall be equal to the product of the Equalized Assessed 28 Valuation last used in the calculation of general State aid 29 and the district's Extension Limitation Ratio. If the 30 Extension Limitation Equalized Assessed Valuation of a school 31 district as calculated under this subsection (G)(3) is less 32 than the district's equalized assessed valuation as 33 calculated pursuant to subsections (G)(1) and (G)(2), then 34 for purposes of calculating the district's general State aid SB1983 Enrolled -27- LRB9216031NTpk 1 for the Budget Year pursuant to subsection (E), that 2 Extension Limitation Equalized Assessed Valuation shall be 3 utilized to calculate the district's Available Local 4 Resources under subsection (D). 5 (4) For the purposes of calculating general State aid 6 for the 1999-2000 school year only, if a school district 7 experienced a triennial reassessment on the equalized 8 assessed valuation used in calculating its general State 9 financial aid apportionment for the 1998-1999 school year, 10 the State Board of Education shall calculate the Extension 11 Limitation Equalized Assessed Valuation that would have been 12 used to calculate the district's 1998-1999 general State aid. 13 This amount shall equal the product of the equalized assessed 14 valuation used to calculate general State aid for the 15 1997-1998 school year and the district's Extension Limitation 16 Ratio. If the Extension Limitation Equalized Assessed 17 Valuation of the school district as calculated under this 18 paragraph (4) is less than the district's equalized assessed 19 valuation utilized in calculating the district's 1998-1999 20 general State aid allocation, then for purposes of 21 calculating the district's general State aid pursuant to 22 paragraph (5) of subsection (E), that Extension Limitation 23 Equalized Assessed Valuation shall be utilized to calculate 24 the district's Available Local Resources. 25 (5) For school districts having a majority of their 26 equalized assessed valuation in any county except Cook, 27 DuPage, Kane, Lake, McHenry, or Will, if the amount of 28 general State aid allocated to the school district for the 29 1999-2000 school year under the provisions of subsection (E), 30 (H), and (J) of this Section is less than the amount of 31 general State aid allocated to the district for the 1998-1999 32 school year under these subsections, then the general State 33 aid of the district for the 1999-2000 school year only shall 34 be increased by the difference between these amounts. The SB1983 Enrolled -28- LRB9216031NTpk 1 total payments made under this paragraph (5) shall not exceed 2 $14,000,000. Claims shall be prorated if they exceed 3 $14,000,000. 4 (H) Supplemental General State Aid. 5 (1) In addition to the general State aid a school 6 district is allotted pursuant to subsection (E), qualifying 7 school districts shall receive a grant, paid in conjunction 8 with a district's payments of general State aid, for 9 supplemental general State aid based upon the concentration 10 level of children from low-income households within the 11 school district. Supplemental State aid grants provided for 12 school districts under this subsection shall be appropriated 13 for distribution to school districts as part of the same line 14 item in which the general State financial aid of school 15 districts is appropriated under this Section. For purposes of 16 this subsection, the term "Low-Income Concentration Level" 17 shall be the low-income eligible pupil count from the most 18 recently available federal census divided by the Average 19 Daily Attendance of the school district. If, however, (i) the 20 percentage decrease from the 2 most recent federal censuses 21 in the low-income eligible pupil count of a high school 22 district with fewer than 400 students exceeds by 75% or more 23 the percentage change in the total low-income eligible pupil 24 count of contiguous elementary school districts, whose 25 boundaries are coterminous with the high school district, or 26 (ii) a high school district within 2 counties and serving 5 27 elementary school districts, whose boundaries are coterminous 28 with the high school district, has a percentage decrease from 29 the 2 most recent federal censuses in the low-income eligible 30 pupil count and there is a percentage increase in the total 31 low-income eligible pupil count of a majority of the 32 elementary school districts in excess of 50% from the 2 most 33 recent federal censuses, then the high school district's 34 low-income eligible pupil count from the earlier federal SB1983 Enrolled -29- LRB9216031NTpk 1 census shall be the number used as the low-income eligible 2 pupil count for the high school district, for purposes of 3 this subsection (H). The changes made to this paragraph (1) 4 by Public Act 92-28this amendatory Act of the 92nd General5Assemblyshall apply to supplemental general State aid grants 6 paid in fiscal year 1999 and in each fiscal year thereafter 7 and to any State aid payments made in fiscal year 1994 8 through fiscal year 1998 pursuant to subsection 1(n) of 9 Section 18-8 of this Code (which was repealed on July 1, 10 1998), and any high school district that is affected by 11 Public Act 92-28this amendatory Act of the 92nd General12Assemblyis entitled to a recomputation of its supplemental 13 general State aid grant or State aid paid in any of those 14 fiscal years. This recomputation shall not be affected by 15 any other funding. 16 (2) Supplemental general State aid pursuant to this 17 subsection (H) shall be provided as follows for the 18 1998-1999, 1999-2000, and 2000-2001 school years only: 19 (a) For any school district with a Low Income 20 Concentration Level of at least 20% and less than 35%, 21 the grant for any school year shall be $800 multiplied by 22 the low income eligible pupil count. 23 (b) For any school district with a Low Income 24 Concentration Level of at least 35% and less than 50%, 25 the grant for the 1998-1999 school year shall be $1,100 26 multiplied by the low income eligible pupil count. 27 (c) For any school district with a Low Income 28 Concentration Level of at least 50% and less than 60%, 29 the grant for the 1998-99 school year shall be $1,500 30 multiplied by the low income eligible pupil count. 31 (d) For any school district with a Low Income 32 Concentration Level of 60% or more, the grant for the 33 1998-99 school year shall be $1,900 multiplied by the low 34 income eligible pupil count. SB1983 Enrolled -30- LRB9216031NTpk 1 (e) For the 1999-2000 school year, the per pupil 2 amount specified in subparagraphs (b), (c), and (d) 3 immediately above shall be increased to $1,243, $1,600, 4 and $2,000, respectively. 5 (f) For the 2000-2001 school year, the per pupil 6 amounts specified in subparagraphs (b), (c), and (d) 7 immediately above shall be $1,273, $1,640, and $2,050, 8 respectively. 9 (2.5) Supplemental general State aid pursuant to this 10 subsection (H) shall be provided as follows for the 2002-2003 112001-2002school year and each school year thereafter: 12 (a) For any school district with a Low Income 13 Concentration Level of less than 10%, the grant for each 14 school year shall be $355 multiplied by the low income 15 eligible pupil count. 16 (b) For any school district with a Low Income 17 Concentration Level of at least 10% and less than 20%, 18 the grant for each school year shall be $675 multiplied 19 by the low income eligible pupil count. 20 (c) For any school district with a Low Income 21 Concentration Level of at least 20% and less than 35%, 22 the grant for each school year shall be $1,330$1,19023 multiplied by the low income eligible pupil count. 24 (d) For any school district with a Low Income 25 Concentration Level of at least 35% and less than 50%, 26 the grant for each school year shall be $1,362$1,33327 multiplied by the low income eligible pupil count. 28 (e) For any school district with a Low Income 29 Concentration Level of at least 50% and less than 60%, 30 the grant for each school year shall be $1,680 multiplied 31 by the low income eligible pupil count. 32 (f) For any school district with a Low Income 33 Concentration Level of 60% or more, the grant for each 34 school year shall be $2,080 multiplied by the low income SB1983 Enrolled -31- LRB9216031NTpk 1 eligible pupil count. 2 (3) School districts with an Average Daily Attendance of 3 more than 1,000 and less than 50,000 that qualify for 4 supplemental general State aid pursuant to this subsection 5 shall submit a plan to the State Board of Education prior to 6 October 30 of each year for the use of the funds resulting 7 from this grant of supplemental general State aid for the 8 improvement of instruction in which priority is given to 9 meeting the education needs of disadvantaged children. Such 10 plan shall be submitted in accordance with rules and 11 regulations promulgated by the State Board of Education. 12 (4) School districts with an Average Daily Attendance of 13 50,000 or more that qualify for supplemental general State 14 aid pursuant to this subsection shall be required to 15 distribute from funds available pursuant to this Section, no 16 less than $261,000,000 in accordance with the following 17 requirements: 18 (a) The required amounts shall be distributed to 19 the attendance centers within the district in proportion 20 to the number of pupils enrolled at each attendance 21 center who are eligible to receive free or reduced-price 22 lunches or breakfasts under the federal Child Nutrition 23 Act of 1966 and under the National School Lunch Act 24 during the immediately preceding school year. 25 (b) The distribution of these portions of 26 supplemental and general State aid among attendance 27 centers according to these requirements shall not be 28 compensated for or contravened by adjustments of the 29 total of other funds appropriated to any attendance 30 centers, and the Board of Education shall utilize funding 31 from one or several sources in order to fully implement 32 this provision annually prior to the opening of school. 33 (c) Each attendance center shall be provided by the 34 school district a distribution of noncategorical funds SB1983 Enrolled -32- LRB9216031NTpk 1 and other categorical funds to which an attendance center 2 is entitled under law in order that the general State aid 3 and supplemental general State aid provided by 4 application of this subsection supplements rather than 5 supplants the noncategorical funds and other categorical 6 funds provided by the school district to the attendance 7 centers. 8 (d) Any funds made available under this subsection 9 that by reason of the provisions of this subsection are 10 not required to be allocated and provided to attendance 11 centers may be used and appropriated by the board of the 12 district for any lawful school purpose. 13 (e) Funds received by an attendance center pursuant 14 to this subsection shall be used by the attendance center 15 at the discretion of the principal and local school 16 council for programs to improve educational opportunities 17 at qualifying schools through the following programs and 18 services: early childhood education, reduced class size 19 or improved adult to student classroom ratio, enrichment 20 programs, remedial assistance, attendance improvement, 21 and other educationally beneficial expenditures which 22 supplement the regular and basic programs as determined 23 by the State Board of Education. Funds provided shall not 24 be expended for any political or lobbying purposes as 25 defined by board rule. 26 (f) Each district subject to the provisions of this 27 subdivision (H)(4) shall submit an acceptable plan to 28 meet the educational needs of disadvantaged children, in 29 compliance with the requirements of this paragraph, to 30 the State Board of Education prior to July 15 of each 31 year. This plan shall be consistent with the decisions of 32 local school councils concerning the school expenditure 33 plans developed in accordance with part 4 of Section 34 34-2.3. The State Board shall approve or reject the plan SB1983 Enrolled -33- LRB9216031NTpk 1 within 60 days after its submission. If the plan is 2 rejected, the district shall give written notice of 3 intent to modify the plan within 15 days of the 4 notification of rejection and then submit a modified plan 5 within 30 days after the date of the written notice of 6 intent to modify. Districts may amend approved plans 7 pursuant to rules promulgated by the State Board of 8 Education. 9 Upon notification by the State Board of Education 10 that the district has not submitted a plan prior to July 11 15 or a modified plan within the time period specified 12 herein, the State aid funds affected by that plan or 13 modified plan shall be withheld by the State Board of 14 Education until a plan or modified plan is submitted. 15 If the district fails to distribute State aid to 16 attendance centers in accordance with an approved plan, 17 the plan for the following year shall allocate funds, in 18 addition to the funds otherwise required by this 19 subsection, to those attendance centers which were 20 underfunded during the previous year in amounts equal to 21 such underfunding. 22 For purposes of determining compliance with this 23 subsection in relation to the requirements of attendance 24 center funding, each district subject to the provisions 25 of this subsection shall submit as a separate document by 26 December 1 of each year a report of expenditure data for 27 the prior year in addition to any modification of its 28 current plan. If it is determined that there has been a 29 failure to comply with the expenditure provisions of this 30 subsection regarding contravention or supplanting, the 31 State Superintendent of Education shall, within 60 days 32 of receipt of the report, notify the district and any 33 affected local school council. The district shall within 34 45 days of receipt of that notification inform the State SB1983 Enrolled -34- LRB9216031NTpk 1 Superintendent of Education of the remedial or corrective 2 action to be taken, whether by amendment of the current 3 plan, if feasible, or by adjustment in the plan for the 4 following year. Failure to provide the expenditure 5 report or the notification of remedial or corrective 6 action in a timely manner shall result in a withholding 7 of the affected funds. 8 The State Board of Education shall promulgate rules 9 and regulations to implement the provisions of this 10 subsection. No funds shall be released under this 11 subdivision (H)(4) to any district that has not submitted 12 a plan that has been approved by the State Board of 13 Education. 14 (I) General State Aid for Newly Configured School Districts. 15 (1) For a new school district formed by combining 16 property included totally within 2 or more previously 17 existing school districts, for its first year of existence 18 the general State aid and supplemental general State aid 19 calculated under this Section shall be computed for the new 20 district and for the previously existing districts for which 21 property is totally included within the new district. If the 22 computation on the basis of the previously existing districts 23 is greater, a supplementary payment equal to the difference 24 shall be made for the first 4 years of existence of the new 25 district. 26 (2) For a school district which annexes all of the 27 territory of one or more entire other school districts, for 28 the first year during which the change of boundaries 29 attributable to such annexation becomes effective for all 30 purposes as determined under Section 7-9 or 7A-8, the general 31 State aid and supplemental general State aid calculated under 32 this Section shall be computed for the annexing district as 33 constituted after the annexation and for the annexing and 34 each annexed district as constituted prior to the annexation; SB1983 Enrolled -35- LRB9216031NTpk 1 and if the computation on the basis of the annexing and 2 annexed districts as constituted prior to the annexation is 3 greater, a supplementary payment equal to the difference 4 shall be made for the first 4 years of existence of the 5 annexing school district as constituted upon such annexation. 6 (3) For 2 or more school districts which annex all of 7 the territory of one or more entire other school districts, 8 and for 2 or more community unit districts which result upon 9 the division (pursuant to petition under Section 11A-2) of 10 one or more other unit school districts into 2 or more parts 11 and which together include all of the parts into which such 12 other unit school district or districts are so divided, for 13 the first year during which the change of boundaries 14 attributable to such annexation or division becomes effective 15 for all purposes as determined under Section 7-9 or 11A-10, 16 as the case may be, the general State aid and supplemental 17 general State aid calculated under this Section shall be 18 computed for each annexing or resulting district as 19 constituted after the annexation or division and for each 20 annexing and annexed district, or for each resulting and 21 divided district, as constituted prior to the annexation or 22 division; and if the aggregate of the general State aid and 23 supplemental general State aid as so computed for the 24 annexing or resulting districts as constituted after the 25 annexation or division is less than the aggregate of the 26 general State aid and supplemental general State aid as so 27 computed for the annexing and annexed districts, or for the 28 resulting and divided districts, as constituted prior to the 29 annexation or division, then a supplementary payment equal to 30 the difference shall be made and allocated between or among 31 the annexing or resulting districts, as constituted upon such 32 annexation or division, for the first 4 years of their 33 existence. The total difference payment shall be allocated 34 between or among the annexing or resulting districts in the SB1983 Enrolled -36- LRB9216031NTpk 1 same ratio as the pupil enrollment from that portion of the 2 annexed or divided district or districts which is annexed to 3 or included in each such annexing or resulting district bears 4 to the total pupil enrollment from the entire annexed or 5 divided district or districts, as such pupil enrollment is 6 determined for the school year last ending prior to the date 7 when the change of boundaries attributable to the annexation 8 or division becomes effective for all purposes. The amount 9 of the total difference payment and the amount thereof to be 10 allocated to the annexing or resulting districts shall be 11 computed by the State Board of Education on the basis of 12 pupil enrollment and other data which shall be certified to 13 the State Board of Education, on forms which it shall provide 14 for that purpose, by the regional superintendent of schools 15 for each educational service region in which the annexing and 16 annexed districts, or resulting and divided districts are 17 located. 18 (3.5) Claims for financial assistance under this 19 subsection (I) shall not be recomputed except as expressly 20 provided under this Section. 21 (4) Any supplementary payment made under this subsection 22 (I) shall be treated as separate from all other payments made 23 pursuant to this Section. 24 (J) Supplementary Grants in Aid. 25 (1) Notwithstanding any other provisions of this 26 Section, the amount of the aggregate general State aid in 27 combination with supplemental general State aid under this 28 Section for which each school district is eligible shall be 29 no less than the amount of the aggregate general State aid 30 entitlement that was received by the district under Section 31 18-8 (exclusive of amounts received under subsections 5(p) 32 and 5(p-5) of that Section) for the 1997-98 school year, 33 pursuant to the provisions of that Section as it was then in 34 effect. If a school district qualifies to receive a SB1983 Enrolled -37- LRB9216031NTpk 1 supplementary payment made under this subsection (J), the 2 amount of the aggregate general State aid in combination with 3 supplemental general State aid under this Section which that 4 district is eligible to receive for each school year shall be 5 no less than the amount of the aggregate general State aid 6 entitlement that was received by the district under Section 7 18-8 (exclusive of amounts received under subsections 5(p) 8 and 5(p-5) of that Section) for the 1997-1998 school year, 9 pursuant to the provisions of that Section as it was then in 10 effect. 11 (2) If, as provided in paragraph (1) of this subsection 12 (J), a school district is to receive aggregate general State 13 aid in combination with supplemental general State aid under 14 this Section for the 1998-99 school year and any subsequent 15 school year that in any such school year is less than the 16 amount of the aggregate general State aid entitlement that 17 the district received for the 1997-98 school year, the school 18 district shall also receive, from a separate appropriation 19 made for purposes of this subsection (J), a supplementary 20 payment that is equal to the amount of the difference in the 21 aggregate State aid figures as described in paragraph (1). 22 (3) (Blank). 23 (K) Grants to Laboratory and Alternative Schools. 24 In calculating the amount to be paid to the governing 25 board of a public university that operates a laboratory 26 school under this Section or to any alternative school that 27 is operated by a regional superintendent of schools, the 28 State Board of Education shall require by rule such reporting 29 requirements as it deems necessary. 30 As used in this Section, "laboratory school" means a 31 public school which is created and operated by a public 32 university and approved by the State Board of Education. The 33 governing board of a public university which receives funds 34 from the State Board under this subsection (K) may not SB1983 Enrolled -38- LRB9216031NTpk 1 increase the number of students enrolled in its laboratory 2 school from a single district, if that district is already 3 sending 50 or more students, except under a mutual agreement 4 between the school board of a student's district of residence 5 and the university which operates the laboratory school. A 6 laboratory school may not have more than 1,000 students, 7 excluding students with disabilities in a special education 8 program. 9 As used in this Section, "alternative school" means a 10 public school which is created and operated by a Regional 11 Superintendent of Schools and approved by the State Board of 12 Education. Such alternative schools may offer courses of 13 instruction for which credit is given in regular school 14 programs, courses to prepare students for the high school 15 equivalency testing program or vocational and occupational 16 training. A regional superintendent of schools may contract 17 with a school district or a public community college district 18 to operate an alternative school. An alternative school 19 serving more than one educational service region may be 20 established by the regional superintendents of schools of the 21 affected educational service regions. An alternative school 22 serving more than one educational service region may be 23 operated under such terms as the regional superintendents of 24 schools of those educational service regions may agree. 25 Each laboratory and alternative school shall file, on 26 forms provided by the State Superintendent of Education, an 27 annual State aid claim which states the Average Daily 28 Attendance of the school's students by month. The best 3 29 months' Average Daily Attendance shall be computed for each 30 school. The general State aid entitlement shall be computed 31 by multiplying the applicable Average Daily Attendance by the 32 Foundation Level as determined under this Section. 33 (L) Payments, Additional Grants in Aid and Other 34 Requirements. SB1983 Enrolled -39- LRB9216031NTpk 1 (1) For a school district operating under the financial 2 supervision of an Authority created under Article 34A, the 3 general State aid otherwise payable to that district under 4 this Section, but not the supplemental general State aid, 5 shall be reduced by an amount equal to the budget for the 6 operations of the Authority as certified by the Authority to 7 the State Board of Education, and an amount equal to such 8 reduction shall be paid to the Authority created for such 9 district for its operating expenses in the manner provided in 10 Section 18-11. The remainder of general State school aid for 11 any such district shall be paid in accordance with Article 12 34A when that Article provides for a disposition other than 13 that provided by this Article. 14 (2) (Blank). 15 (3) Summer school. Summer school payments shall be made 16 as provided in Section 18-4.3. 17 (M) Education Funding Advisory Board. 18 The Education Funding Advisory Board, hereinafter in this 19 subsection (M) referred to as the "Board", is hereby created. 20 The Board shall consist of 5 members who are appointed by the 21 Governor, by and with the advice and consent of the Senate. 22 The members appointed shall include representatives of 23 education, business, and the general public. One of the 24 members so appointed shall be designated by the Governor at 25 the time the appointment is made as the chairperson of the 26 Board. The initial members of the Board may be appointed any 27 time after the effective date of this amendatory Act of 1997. 28 The regular term of each member of the Board shall be for 4 29 years from the third Monday of January of the year in which 30 the term of the member's appointment is to commence, except 31 that of the 5 initial members appointed to serve on the 32 Board, the member who is appointed as the chairperson shall 33 serve for a term that commences on the date of his or her 34 appointment and expires on the third Monday of January, 2002, SB1983 Enrolled -40- LRB9216031NTpk 1 and the remaining 4 members, by lots drawn at the first 2 meeting of the Board that is held after all 5 members are 3 appointed, shall determine 2 of their number to serve for 4 terms that commence on the date of their respective 5 appointments and expire on the third Monday of January, 2001, 6 and 2 of their number to serve for terms that commence on the 7 date of their respective appointments and expire on the third 8 Monday of January, 2000. All members appointed to serve on 9 the Board shall serve until their respective successors are 10 appointed and confirmed. Vacancies shall be filled in the 11 same manner as original appointments. If a vacancy in 12 membership occurs at a time when the Senate is not in 13 session, the Governor shall make a temporary appointment 14 until the next meeting of the Senate, when he or she shall 15 appoint, by and with the advice and consent of the Senate, a 16 person to fill that membership for the unexpired term. If 17 the Senate is not in session when the initial appointments 18 are made, those appointments shall be made as in the case of 19 vacancies. 20 The Education Funding Advisory Board shall be deemed 21 established, and the initial members appointed by the 22 Governor to serve as members of the Board shall take office, 23 on the date that the Governor makes his or her appointment of 24 the fifth initial member of the Board, whether those initial 25 members are then serving pursuant to appointment and 26 confirmation or pursuant to temporary appointments that are 27 made by the Governor as in the case of vacancies. 28 The State Board of Education shall provide such staff 29 assistance to the Education Funding Advisory Board as is 30 reasonably required for the proper performance by the Board 31 of its responsibilities. 32 For school years after the 2000-2001 school year, the 33 Education Funding Advisory Board, in consultation with the 34 State Board of Education, shall make recommendations as SB1983 Enrolled -41- LRB9216031NTpk 1 provided in this subsection (M) to the General Assembly for 2 the foundation level under subdivision (B)(3) of this Section 3 and for the supplemental general State aid grant level under 4 subsection (H) of this Section for districts with high 5 concentrations of children from poverty. The recommended 6 foundation level shall be determined based on a methodology 7 which incorporates the basic education expenditures of 8 low-spending schools exhibiting high academic performance. 9 The Education Funding Advisory Board shall make such 10 recommendations to the General Assembly on January 1 of odd 11 numbered years, beginning January 1, 2001. 12 (N) (Blank). 13 (O) References. 14 (1) References in other laws to the various subdivisions 15 of Section 18-8 as that Section existed before its repeal and 16 replacement by this Section 18-8.05 shall be deemed to refer 17 to the corresponding provisions of this Section 18-8.05, to 18 the extent that those references remain applicable. 19 (2) References in other laws to State Chapter 1 funds 20 shall be deemed to refer to the supplemental general State 21 aid provided under subsection (H) of this Section. 22 (Source: P.A. 91-24, eff. 7-1-99; 91-93, eff. 7-9-99; 91-96, 23 eff. 7-9-99; 91-111, eff. 7-14-99; 91-357, eff. 7-29-99; 24 91-533, eff. 8-13-99; 92-7, eff. 6-29-01; 92-16, eff. 25 6-28-01; 92-28, eff. 7-1-01; 92-29, eff. 7-1-01; 92-269, eff. 26 8-7-01; revised 8-7-01.) 27 (105 ILCS 5/34-18.23 new) 28 Sec. 34-18.23. Transfer of students. The board shall 29 establish and implement a policy governing the transfer of a 30 student from one attendance center to another within the 31 school district upon the request of the student's parent or 32 guardian. Any request by a parent or guardian to transfer his SB1983 Enrolled -42- LRB9216031NTpk 1 or her child from one attendance center to another within the 2 school district pursuant to Section 1116 of the federal 3 Elementary and Secondary Education Act of 1965 (20 U.S.C. 4 Sec. 6317) must be made no later than 30 days after the 5 parent or guardian receives notice of the right to transfer 6 pursuant to that law. A student may not transfer to any of 7 the following attendance centers, except by change in 8 residence if the policy authorizes enrollment based on 9 residence in an attendance area or unless approved by the 10 board on an individual basis: 11 (1) An attendance center that exceeds or as a 12 result of the transfer would exceed its attendance 13 capacity. 14 (2) An attendance center for which the board has 15 established academic criteria for enrollment if the 16 student does not meet the criteria, provided that the 17 transfer must be permitted if the attendance center is 18 the only attendance center serving the student's grade 19 that has not been identified for school improvement, 20 corrective action, or restructuring under Section 1116 of 21 the federal Elementary and Secondary Education Act of 22 1965 (20 U.S.C. Sec. 6317). 23 (3) Any attendance center if the transfer would 24 prevent the school district from meeting its obligations 25 under a State or federal law, court order, or consent 26 decree applicable to the school district. 27 Section 99. Effective date. This Act takes effect on 28 July 1, 2002.